Holy Land Foundation for Relief and Development: Difference between revisions

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{{Infobox company

| name = Holy Land Foundation<br />for Relief and Development

| logo = [[Image:Holy Land Foundation.jpg]]

| type = Defunct

| foundation = 1989

| defunct = 2001
| ___location = [[Richardson, Texas]]

| key_people = [[Mousa Abu Marzook]] <br />[[Ghassan Elashi]]

| homepage = [https://web.archive.org/*/http://www.hlf.org hlf.org]

}}

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Headquartered in [[Richardson, Texas]], and run by [[Palestinian-Americans]], the organization's stated mission was to "find and implement practical solutions for human suffering through humanitarian programs that impact the lives of the disadvantaged, disinherited, and displaced peoples suffering from man-made and natural disasters."<ref name="usblock">{{cite web |date=November 20, 2008 |title=Specially Designated Nationals and Blocked Persons |url=http://www.ustreas.gov/offices/enforcement/ofac/sdn/t11sdn.pdf |url-status=dead |archive-url=https://web.archive.org/web/20081109195856/http://www.ustreas.gov/offices/enforcement/ofac/sdn/t11sdn.pdf |archive-date=November 9, 2008 |access-date=November 24, 2008 |publisher=[[United States Department of the Treasury]]}}</ref><ref>{{Cite web |title=Solving the Necessity Conundrum: What the Drug War Can Teach Us About Due Process for U.S. Charities in the Fight Against International Terrorist Financing |url=https://www.icnl.org/resources/research/ijnl/solving-the-necessity-conundrum-what-the-drug-war-can-teach-us-about-due-process-for-u-s-charities-in-the-fight-against-international-terrorist-financing |access-date=2025-07-12 |website=ICNL |language=en-US}}</ref><ref>"[https://web.archive.org/web/19990221194319/http://www.hlf.org/contactus.htm Contact Us]." Holy Land Foundation for Relief and Development. Retrieved on May 21, 2010.</ref>

During the 1990s, American politicians, including [[Chuck Schumer]] and [[Eliot Spitzer]],<ref>{{Cite web |url=https://jewishweek.timesofisrael.com/spitzer-seeks-fed-probe-of-hamas-charity/ |title=Spitzer Seeks Fed Probe of 'Hamas' Charity |website=[[The Jewish Week]] |date=October 1999}}</ref><ref>{{Cite web|url=https://www.govinfo.gov/content/pkg/CREC-1996-06-13/html/CREC-1996-06-13-pt1-PgE1081-4.htm|title=Congressional Record, Volume 142 Issue 87 (Thursday, June 13, 1996)|website=www.govinfo.gov}}</ref> alongside the [[Cabinet of Israel|Israeli government]]<ref>{{cite news |url=https://www.washingtonpost.com/archive/politics/2001/12/05/us-seizes-assets-of-3-islamic-groups/ad196eda-0bfc-4259-84f6-89d4ee60b888/ |title=U.S. Seizes Assets of 3 Islamic Groups |date=2001-12-05 |author1=Mike Allen |author2=Steven Mufson |newspaper=[[The Washington Post]] |place=Washington, D.C. |issn=0190-8286 |oclc=1330888409}}</ref> and [[Steven Emerson]],<ref name="Fear, Inc.">{{cite web |url=http://www.americanprogress.org/issues/religion/report/2011/08/26/10165/fear-inc/ |title=Fear, Inc.: The Roots of the Islamophobia Network in America |publisher=[[Center for American Progress]] |date=August 26, 2011 }}</ref> lobbied the U.S. government to take action against the Holy Land Foundation.<ref name="br">{{cite web |last=Bridge Initiative Team |title=Factsheet: Holy Land Foundation |url=https://web.archive.org/web/20200211123943/https://bridge.georgetown.edu/research/factsheet-holy-land-foundation/ |website=Bridge: A Georgetown University Initiative |publisher=Georgetown University}}</ref> In December 2001, the U.S. designated HLF a [[United States Department of State list of Foreign Terrorist Organizations|terrorist organization]], seized its assets, and closed the organization. At the time it was the largest Muslim charitable organization in the United States. It had been under [[FBI]] surveillance since 1994, authorized under the [[Foreign Intelligence Surveillance Act]] ("FISA").<ref>{{Cite web|url=https://archives.fbi.gov/archives/news/stories/2008/november/hlf112508|title=FBI — Holy Land Foundation Convictions}}</ref><ref name="ca5.uscourts.gov">{{Cite web|url=http://www.ca5.uscourts.gov/opinions%5Cpub%5C09/09-10560-CR0.wpd.pdf|title=Revised January 13, 2012 "The United States Court of Appeals for the Fifth Circuit" United States of America vs Mohammad El-Mezain; Ghassan Elashi; Shukri Abu Bakr; Mufid Abdulqader; Abdulrahman Odeh; Holy Land Foundation for Relief and Development, also known as HLF. " No. 09-10560, Filed December 7, 2011, pg. 7}}</ref> In 2004, a federal grand jury in Dallas, Texas, charged HLF and five former officers and employees with providing material support to [[Hamas]] and related offenses. The government's assertion was that HLF distributed charity through local [[zakat]] (charity) committees located in the [[West Bank]] that paid stipends to the families of Palestinian suicide bombers and Hamas prisoners; that Hamas controlled those zakat committees; that by distributing charity through Hamas-controlled committees, HLF helped Hamas build a grassroots support amongst the Palestinian people; and that these charity front organizations served a dual purpose of laundering the money for all of Hamas's activities.<ref>{{Cite web|url=http://www.ca5.uscourts.gov/opinions%5Cpub%5C09/09-10560-CR0.wpd.pdf|title=Revised January 13, 2012 "The United States Court of Appeals for the Fifth Circuit" United States of America vs Mohammad El-Mezain; Ghassan Elashi; Shukri Abu Bakr; Mufid Abdulqader; Abdulrahman Odeh; Holy Land Foundation for Relief and Development, also known as HLF. " No. 09-10560, Filed December 7, 2011, pg. 8}}</ref>

Simultaneously, in November 2004, U.S. [[Magistrate Judge]] Arlander Keys ruled that HLF, along with the [[Islamic Association of Palestine]] (IAP), were liable for the 1996 killing of 17-year-old American citizen David Boim in Israel.<ref>{{Cite web |url=https://www.chicagotribune.com/news/ct-xpm-2004-11-11-0411110231-story.html|title=3 Islamic fundraisers held liable in terror death|last=Cohen|first=Laurie|date=November 11, 2004 |website=chicagotribune.com|language=en-US|access-date=2019-10-03}}</ref> This decision was the first time U.S. citizens or organizations were held liable under a 1990 federal law that permitted victims of terrorism to sue for civil damages.{{Citation needed|date=July 2025}}

The first criminal trial, in 2007, ended in the partial [[acquittal]] of one defendant and a [[hung jury]] on all other charges. At a retrial in 2008, the jury found all defendants guilty on all counts. The 2008 trial of the charity leaders was the "largest terrorism financing prosecution in American history."<ref>[[Agence France-Presse]][https://web.archive.org/web/20110529023526/http://www.google.com/hostednews/afp/article/ALeqM5jQhamE6J-SM-obuNztsdmJD9imHQ November 24, 2008]</ref> In 2009, the founders of the organization were given sentences of between 15 and 65 years in prison for "funnelling $12 million to Hamas."<ref>[http://jta.org/news/article/2009/05/28/1005480/holy-land-founders-get-life-sentences#When:10:32:00Z "Holy Land founders get life sentences."] ''[[Jewish Telegraphic Agency|JTA]]''. May 28, 2009.</ref>

The trial has been criticised by some NGOs, including [[Human Rights Watch]].<ref name=":2" /> Civil rights attorney Emily Ratner wrote that the use of anonymous and hearsay evidence by the prosecutors was "constitutionally questionable" at best.<ref name="br">{{cite web |last=Bridge Initiative Team |title=Factsheet: Holy Land Foundation |url=https://web.archive.org/web/20200211123943/https://bridge.georgetown.edu/research/factsheet-holy-land-foundation/ |website=Bridge: A Georgetown University Initiative |publisher=Georgetown University}}</ref><ref name="er">{{cite web |last1=Ratner |first1=Emily |title=Anonymous Accusers in the Holy Land: Subverting the Right of Confrontation in the United States' Largest Terrorism-Financing Trial |url=http://law.loyno.edu/sites/law.loyno.edu/files/Ratner.formatted.pdf |website=Loyola University New Orleans}}</ref> Families of the men charged, known as the Holy Land Five, have demanded their release.<ref name="middleeasteye.net">{{Cite web |title=Holy Land Five: Rights groups, families demand release over 'miscarriage of justice' |url=http://www.middleeasteye.net/news/holy-land-five-rights-groups-families-demand-release-over-miscarriage-justice |access-date=2023-05-01 |website=Middle East Eye |language=en}}</ref>

== History ==

=== Early history (1988–20011988–1993) ===

In 1988, Shukri Abu Baker established a tax-exempt charity, called the Occupied Land Fund, based in [[Indiana]]. The following year the charity raised $300,000. Two years later the OLF was incorporated by Baker, [[Ghassan Elashi]], and Mohammad el-Mezain in California and renamed the Holy Land Foundation for Relief and Development.<ref>Peled. p. 51</ref> In 1992, the HLF relocated to Richardson, Texas.<ref name=":0">{{Cite web|url=http://www.ca5.uscourts.gov/opinions%5Cpub%5C09/09-10560-CR0.wpd.pdf|title=Revised January 13, 2012 "The United States Court of Appeals for the Fifth Circuit" United States of America vs Mohammad El-Mezain; Ghassan Elashi; Shukri Abu Bakr; Mufid Abdulqader; Abdulrahman Odeh; Holy Land Foundation for Relief and Development, also known as HLF. " No. 09-10560, Filed December 7, 2011, pg. 9}}</ref> It had offices in California, New Jersey, and Illinois, and individual representatives scattered throughout the US, the [[West Bank]], and [[Gaza Strip|Gaza]].

[[Mousa Abu Marzook]], a political leader of [[Hamas]] and long time US resident, donated $210,000 to HLF in the early 1992. The donation was made before Hamas became a [[United States Department of State list of Foreign Terrorist Organizations|Designated Terrorist Organization]].<ref>[[Miko Peled|Peled, Miko]] (2018) ''Injustice. The Story of the Holy Land Foundation Five''. Just World Books. {{ISBN|978-1-68257-085-2}}. p. 133</ref><ref>{{Cite web |url=https://www.govinfo.gov/content/pkg/CREC-1996-06-13/html/CREC-1996-06-13-pt1-PgE1081-4.htm|title=Congressional Record, Volume 142, Issue 87 (Thursday, June 13, 1996) |website=www.govinfo.gov|access-date=2019-10-03}}</ref> During this time, the US government alleged that Marzook led Baker, el-Mezain, and Elashi to create other Hamas-supporting organizations in the United States, including media entity [[Islamic Association of Palestine]], and the [[United Association for Studies and Research]] (UASR).<ref name=":0" /> Abu Baker was reported having been on IAP's board. The 1992 donation was fully disclosed on the HLF's tax returns. Marzook was deported from the US to Jordan in 1997. He was [[indict]]ed on August 20, 2004, by a US federal [[grand jury]] in [[Chicago, Illinois]].<ref>{{Cite web |title=#571: 08-20-04 CHICAGO AND WASHINGTON, D.C., AREA MEN AMONG THREE INDICTED IN RACKETEERING CONSPIRACY IN U.S. TO FINANCE HAMAS TERROR ABROAD |url=https://www.justice.gov/archive/opa/pr/2004/August/04_crm_571.htm |access-date=2025-07-12 |website=www.justice.gov}}</ref> He and two other individuals were charged with a 15-year conspiracy to raise funds for terrorist attacks against [[Israel]]. Neither HLF nor any HLF officer was charged in the Chicago indictment.

=== Federal Scrutiny (1994-2001) ===

In 1994, the [[Anti-Defamation League]] and the [[American Jewish Congress]] launched a campaign demanding that the [[IRS]] revoke the HLF's tax-exempt status; the campaign was supported by [[Charles Schumer]], [[Nita Lowey]] and [[Eliot Spitzer]].<ref>Peled. p. 56</ref>

Before the designation of HLF as a terrorist organization, the government had been surveilling the organization pursuant to the Foreign Intelligence Surveillance Act ("FISA") as well as several individuals due to suspect activity.<ref name="ca5.uscourts.gov" /> In 1993, one month after the signing of the [[Oslo Accords]], Baker and Elashi participated in a public meeting in Philadelphia secretly recorded by the FBI. During this meeting, participants discussed their opposition to the Oslo Accords and their support of Hamas. Baker instructed that "if anyone should inquire about the purpose of the meeting, participants should explain that it was a 'joint workshop' between HLF and the IAP."<ref name=":1">{{Cite web|url=http://www.ca5.uscourts.gov/opinions%5Cpub%5C09/09-10560-CR0.wpd.pdf |title=Revised January 13, 2012 "The United States Court of Appeals for the Fifth Circuit" United States of America vs Mohammad El-Mezain; Ghassan Elashi; Shukri Abu Bakr; Mufid Abdulqader; Abdulrahman Odeh; Holy Land Foundation for Relief and Development, also known as HLF. " No. 09-10560, Filed December 7, 2011, pg. 11 |url=http://www.ca5.uscourts.gov/opinions%5Cpub%5C09/09-10560-CR0.wpd.pdf}}</ref> He also stated that participants should not refer to "samah" or Hamas spelled backwards explicitly, mentioning that it would be better for participants to obscure the meaning by saying "Sister Samah."<ref name=":1" /> Following this meeting, in 1994 the government searched the houses of two unindicted co-conspirators, Ismail Elbarasse and Abdelhaleen Masan Ashqar, where they found numerous documents labeling HLF as a fundraising arm for Hamas.<ref name=":1" />

In 1994, the [[Anti-Defamation League]] and the [[American Jewish Congress]] launched a campaign demanding that the [[IRS]] revoke the HLF's tax-exempt status; the campaign was supported by [[Charles Schumer]], [[Nita Lowey]] and [[Eliot Spitzer]].<ref>Peled. p. 56</ref> Further government scrutiny and action was encouraged by the [[Cabinet of Israel|Israeli government]].<ref>{{cite news |author1=Mike Allen |author2=Steven Mufson |date=2001-12-05 |title=U.S. Seizes Assets of 3 Islamic Groups |url=https://www.washingtonpost.com/archive/politics/2001/12/05/us-seizes-assets-of-3-islamic-groups/ad196eda-0bfc-4259-84f6-89d4ee60b888/ |newspaper=[[The Washington Post]] |place=Washington, D.C. |issn=0190-8286 |oclc=1330888409}}</ref>

In February 1995, the HLF and several other US Muslim organizations held a meeting with senior [[US Treasury Department]] officials asking for guidelines on how to avoid making inappropriate transactions with designated terrorist organizations. Those attending included the Chief of the International Programs Division, John Robert McBrien, the head of the [[Office of Foreign Assets Control]], Richard Newcomb, the head of the Licensing Division, Stephen Pinter, and the senior attorney in the Treasury Department's Chief Council's office, Serena Moe. The guidelines requested were finally released in 2002.<ref>Peled. pp. 72, 73</ref>

During the mid-90s, HLF distributed publications that stated HLF raised money for "widows, orphans, the homeless, and 'families of martyrs." In addition, the group lauded the fact that it was the "first to aid the 413 suspected Hamas activists whom Israel deported to Lebanon in 1992."<ref>{{Cite web|url=https://www.govinfo.gov/content/pkg/CREC-1996-06-13/html/CREC-1996-06-13-pt1-PgE1081-4.htm |title=Congressional Record, Volume 142, Issue 87 (Thursday, June 13, 1996) |website=www.govinfo.gov|access-date=2019-10-03}}</ref> HLF also listed [[Islamic University of Gaza]]—also founded by Marzook—as one recipient of its aid.<ref>{{Cite web |date=2018-03-29 |title=Moussa Abu Marzouk |url=https://ecfr.eu/special/mapping_palestinian_politics/moussa_abu_marzouk/ |access-date=2025-07-12 |website=ECFR |language=en-GB}}</ref> In response to allegations that HLF provided funds to a religious school run by Jamil Hamami, who publicly identified as a senior Hamas leader,<ref>{{Cite news|url=https://www.irishtimes.com/news/hamas-admits-to-some-confusion-in-its-ranks-1.33392|title=Hamas admits to some confusion in its ranks|newspaper=The Irish Times |language=en |access-date=2019-10-03}}</ref> Baker argued that the school was well respected.<ref>{{Cite web|url=https://www.govinfo.gov/content/pkg/CREC-1996-06-13/html/CREC-1996-06-13-pt1-PgE1081-4.htm|title=Congressional Record, Volume 142, Issue 87 (Thursday, June 13, 1996)|website=www.govinfo.gov|access-date=2019-10-03}}</ref><ref>{{Cite news |title=Hamas admits to some confusion in its ranks |url=https://www.irishtimes.com/news/hamas-admits-to-some-confusion-in-its-ranks-1.33392 |access-date=2019-10-03 |newspaper=The Irish Times |language=en}}</ref>

In 2000, HLF raised over $13 million, making it the largest [[Muslim]] charity in the United States at the time.<ref>{{Cite web |title=#08-1046: Federal Jury in Dallas Convicts Holy Land Foundation and Its Leaders for Providing Material Support to Hamas Terrorist Organization (2008-11-24) |url=https://www.justice.gov/archive/opa/pr/2008/November/08-nsd-1046.html |access-date=2025-07-12 |website=www.justice.gov}}</ref>

=== Terrorism designation (2001–2008) ===

On December 4, 2001, under [[Executive Order 13224]] issued by President [[George W. Bush|Bush]], the Holy Land Foundation was designated a Domestic Terror Organization and closed down.<ref>Peled. p. 84</ref> According to the [[United States Department of Treasury]],Following HLF's wasdesignation makingas donationsa toterrorist Hamas run charitiesorganization, ("[[zakat]]the committees")assets andof tothe schoolsorganization "thatwere served Hamas's endsfrozen by encouraging children to becomethe [[suicide bomberFBI]]s and toTreasury recruit suicide bombers by offering support to their families"agents.<ref name="13224-e">{{cite web |url=http://www.treasury.gov/resource-center/terrorist-illicit-finance/Documents/designationsum-.pdf |title=Additional Background Information on Charities Designated Under Executive Order 13224 |publisher=Ustreas.gov |access-date=2014-10-16 |url-status=dead |archive-url=https://web.archive.org/web/20130602150934/http://www.treasury.gov/resource-center/terrorist-illicit-finance/Documents/designationsum-.pdf |archive-date=2013-06-02 }}</ref>

OnAccording Decemberto 4,the 2001,[[United followingStates Department of Treasury]], HLF's designationwas asmaking adonations terroristto organizationHamas run charities, the("[[zakat]] assetscommittees") ofand theto organizationschools were"that served Hamas's frozenends by theencouraging children to become [[FBIsuicide bomber]]s and Treasuryto agentsrecruit suicide bombers by offering support to their families".<ref name="13224-e">{{cite web |title=Additional Background Information on Charities Designated Under Executive Order 13224 |url=http://www.treasury.gov/resource-center/terrorist-illicit-finance/Documents/designationsum-.pdf |url-status=dead |archive-url=https://web.archive.org/web/20130602150934/http://www.treasury.gov/resource-center/terrorist-illicit-finance/Documents/designationsum-.pdf |archive-date=2013-06-02 |access-date=2014-10-16 |publisher=Ustreas.gov}}</ref> While Treasury officials conceded that a "substantial amount" of the money raised went to worthy causes, butthey insisted that Holy Land's primary purpose had been to subsidize Hamas. Treasury officials had found that HLF provided the following amounts to "zakat" charities from 1992 to 2001: $366,584 to the Tulkarem Zakat Committee; $1,674,954 to the [[Islamic Charitable Society]] of Hebron ("ICS Hebron"); $475,715 to the Nablus Zakat Committee; $554,500 to the Jenin Zakat Committee; $494,252 to the Ramallah Zakat Committee; and $295,187 to the Qalqilia Zakat Committee. The Treasury argued that these charities were affiliated and controlled by Hamas despite functioning under the Israeli Military Administration. In addition, HLF sent $485,468 to the Islamic Science and Culture Committee from May 1991 until the committee was closed in 1996. Between 1992 and 2001 the HLF received $56 million in donations, and during 1995–2001 $12.4 million was spent outside the United States.<ref>{{Cite web|url=http://www.ca5.uscourts.gov/opinions%5Cpub%5C09/09-10560-CR0.wpd.pdf |title=Revised January 13, 2012 "The United States Court of Appeals for the Fifth Circuit" United States of America vs Mohammad El-Mezain; Ghassan Elashi; Shukri Abu Bakr; Mufid Abdulqader; Abdulrahman Odeh; Holy Land Foundation for Relief and Development, also known as HLF. " No. 09-10560, Filed December 7, 2011, pg. 10 |url=http://www.ca5.uscourts.gov/opinions%5Cpub%5C09/09-10560-CR0.wpd.pdf}}</ref> Repeated appeals to the courts by HLF to have the freeze lifted failed.<ref>{{cite court|litigants=Holy Land Foundation for Relief and Development v. Ashcroft|vol=219|reporter=F. Supp. 2d|opinion=57|court=D.D.C.|date=2002), aff'd, 333 F.3d 156 (D.C. Cir. 2003), cert. denied, 540 U.S. 1218 (2004}}</ref>

In December 2005, the European Union froze its European assets.<ref>{{cite web|url=http://europa.eu.int/eur-lex/lex/LexUriServ/site/en/oj/2005/l_340/l_34020051223en00640066.pdf |title=Archived copy |access-date=2006-01-07 |url-status=bot: unknown |archive-url=https://web.archive.org/web/20060107142924/http://europa.eu.int/eur-lex/lex/LexUriServ/site/en/oj/2005/l_340/l_34020051223en00640066.pdf |archive-date=January 7, 2006 }}</ref>

On July |27, access2004, a federal [[grand jury]] in [[Dallas, Texas]], returned a 42-count indictment against the Holy Land Foundation.<ref name="ashcroft">{{cite web |author=Attorney General John Ashcroft |date=July 27, 2004 |title=Prepared Remarks re: Holy Land Foundation Indictment |url=http://www.justice.gov/archive/ag/speeches/2004/72704ag.htm |access-date=November 24, 2008 |publisher=United States Department of Justice}}</ref><ref>Peled. p. 91</ref> Charges included: [[conspiracy (crime)|conspiracy]], [[Providing material support for terrorism|providing material support]] to a [[U.S. State Department list of Foreign Terrorist Organizations|foreign terrorist organization]], [[tax evasion]], and [[money laundering]]. The indictment alleged that the Holy Land Foundation provided more than $12.4 million to individuals and organizations linked to Hamas from 1995 to 2001, when their assets were frozen. The indictment also named specific officers of the Holy Land Foundation: President Shukri Abu Baker; Chairman [[Ghassan Elashi]]; and Executive Director Haitham Maghawri, and four others: Mohammad el-Mezain, Akram Mishal, [[Mufid Abdulqader]], and Abdulraham Odeh. Five of the seven were arrested. Maghawri and Mishal have not been found, and are considered [[fugitive]]s.

Charges were filed against senior members of the HLF on 27 July 2004.<ref>Peled. p. 91</ref>

In December 2004, a federal judge in Chicago ruled that the Holy Land Foundation (along with the [[Islamic Association of Palestine]] and the [[Quranic Literacy Institute]]) was liable in a $156 million lawsuit for aiding and abetting the militant group Hamas in the death of David Boim, a 17-year-old AmericanU.S. citizen Davidmurdered Boimby members of Hamas while visiting Israel in 1996.<ref>

{{cite news |date=December 8, 2004 |title=Hamas victim's family get $156m |url=http://news.bbc.co.uk/1/hi/world/middle_east/4080499.stm |access-date = November 24, 2008 |publisher=BBC}}</ref> This decision was the first time U.S. citizens or organizations were held liable under a 1990 federal law that permitted victims of terrorism to sue for civil damages.{{Citation needed|date=July 2025}} In 2007, this decision was reversed by the 7th Circuit Court of Appeals in Chicago and sent back to the trial court.<ref>{{Cite news |date=2007-12-29 |title=U.S. court overturns $156 mln award in terror case |url=https://www.reuters.com/article/economy/us-court-overturns-156-mln-award-in-terror-case-idUSN29512171/ |access-date=2025-07-12 |work=Reuters |language=en}}</ref>

On July 3, 2007, [[Muslim Legal Fund of America]] agreed to fund the defense of the Holy Land Foundation for Relief and Development against allegations by the government that the charity provided "material support" for terror groups by providing basic necessities (i.e. food, clothing, shelter, etc.) for Palestinians under the Israeli occupation.<ref>{{Cite web |title=StackPath |url=https://www.mlfa.org/mlfa-funds-defense-of-hlf-largest-american-muslim-charity/ |title=StackPath|website=www.mlfa.org|accessurl-datestatus=2020-12-14|archive-date=2021-06-14dead |archive-url=https://web.archive.org/web/20210614083936/https://www.mlfa.org/mlfa-funds-defense-of-hlf-largest-american-muslim-charity/ |urlarchive-statusdate=dead2021-06-14 |access-date=2020-12-14 |website=www.mlfa.org}}</ref>

In October 2008, the [[United States Department of the Treasury]]'s [[Office of Foreign Asset Control]] designated HLF a [[Specially Designated Global Terrorist]].<ref name="usblock" />

In 2008, the 7th Circuit Court of Appeals reheard the caseBoim lawsuit en banc.<ref name="Rowe">{{cite web |last=Rowe |first=Laura B. |title=Ending Terrorism with Civil Remedies: Boim v. Holy Land Foundation and the Proper Framework of Liability |url=http://www.kentlaw.iit.edu/Documents/Academic%20Programs/7CR/v4-2/rowe.pdf|publisher=Seventh Circuit Review vol 4 Iss. 3 spring 2008|accessurl-datestatus=2013-09-21dead |archive-url=https://web.archive.org/web/20131017084809/http://www.kentlaw.iit.edu/Documents/Academic%20Programs/7CR/v4-2/rowe.pdf |archive-date=2013-10-17 |urlaccess-statusdate=dead2013-09-21 |publisher=Seventh Circuit Review vol 4 Iss. 3 spring 2008}}</ref> On November 3, 2008, the 7th Circuit "upheld in large measure athe $156 million award, toagreeing thethat parents"'those ofwho Daviddonate Boim,funds to a 17-year-oldknown terrorist group are responsible under U.S. citizenlaw murderedfor bythe membersgroup's ofactions Hamas– whileeven visitingif Israelthe donors contend that they only intended to support the group's "humanitarian" activities."<ref>{{cite web |title=Boim v Holy Land Foundation |url=http://www.wlf.org/litigating/case_detail.asp?id=552 |publisher=Washington Legal Foundation}}</ref>

=== Related groups ===

Ghassan Elashi, HLF chairman, was also vice president of [[InfoCom Corporation]] of Richardson, Texas, indicted along with Hamas' Marzook.<ref>{{cite press release |title=Senior Leader of Hamas and Texas Computer Company Indicted for Conspiracy to Violate U.S. Ban on Financial Dealings with Terrorists |publisher=United States Department of Justice |date=December 18, 2002 |url=http://www.usdoj.gov/opa/pr/2002/December/02_crm_734.htm |access-date=November 24, 2008}}</ref> InfoCom, an Internet company, shared personnel, office space, and board members with the HLF. The two organizations were formed in California around the same time, and the [[The Washington Institute for Near East Policy|Washington Institute]] has argued that both received [[seed money]] from Hamas leader Marzook.<ref>{{cite web |author=Matthew A. Levitt |date=August 1, 2002 |title=Hearing on 'The Role of Charities and NGOs in the Financing of Terrorist Activities' |url=http://banking.senate.gov/02_08hrg/080102/levitt.htm |url-status=dead |publisher=Washington Institute for Near East Policy |archive-url=https://web.archive.org/web/20081125172939/http://banking.senate.gov/02_08hrg/080102/levitt.htm |archive-date=November 25, 2008 |access-date=November 24, 2008}}</ref> InfoCom also maintained the web sites for HLF and [[Islamic Association of Palestine|IAP]] (Islamic Association of Palestine).<ref>{{cite web |date=December 18, 2002 |title=Fact Sheet on the Elashi Brothers and InfoCom |url=http://siteintelgroup.org/bin/articles.cgi?ID=news1902&Category=news&Subcategory=0 |publisher=SITE Intelligence Group |access-date=November 24, 2008}}{{dead link|date=November 2017|bot=InternetArchiveBot|fix-attempted=yes}}</ref>

== Chronology of events ==

Before the designation of HLF as a terrorist organization, the government had been surveilling the organization pursuant to the Foreign Intelligence Surveillance Act ("FISA") as well as several individuals due to suspect activity.<ref name="ca5.uscourts.gov"/> In 1993, one month after the signing of the [[Oslo Accords]], Baker and Elashi participated in a public meeting in Philadelphia secretly recorded by the FBI. During this meeting, participants discussed their opposition to the Oslo Accords and their support of Hamas. Baker instructed that "if anyone should inquire about the purpose of the meeting, participants should explain that it was a 'joint workshop' between HLF and the IAP."<ref name=":1">{{Cite web|url=http://www.ca5.uscourts.gov/opinions%5Cpub%5C09/09-10560-CR0.wpd.pdf|title=Revised January 13, 2012 "The United States Court of Appeals for the Fifth Circuit" United States of America vs Mohammad El-Mezain; Ghassan Elashi; Shukri Abu Bakr; Mufid Abdulqader; Abdulrahman Odeh; Holy Land Foundation for Relief and Development, also known as HLF. " No. 09-10560, Filed December 7, 2011, pg. 11}}</ref> He also stated that participants should not refer to "samah" or Hamas spelled backwards explicitly, mentioning that it would be better for participants to obscure the meaning by saying "Sister Samah."<ref name=":1" /> Following this meeting, in 1994 the government searched the houses of two unindicted co-conspirators, Ismail Elbarasse and Abdelhaleen Masan Ashqar, where they found numerous documents labeling HLF as a fundraising arm for Hamas.<ref name=":1" />

On December 4, 2001, following HLF's designation as a terrorist organization, the assets of the organization were frozen by the [[FBI]] and Treasury agents. Treasury officials conceded that a "substantial amount" of the money raised went to worthy causes, but insisted that Holy Land's primary purpose had been to subsidize Hamas. Treasury officials had found that HLF provided the following amounts to "zakat" charities from 1992 to 2001: $366,584 to the Tulkarem Zakat Committee; $1,674,954 to the [[Islamic Charitable Society]] of Hebron ("ICS Hebron"); $475,715 to the Nablus Zakat Committee; $554,500 to the Jenin Zakat Committee; $494,252 to the Ramallah Zakat Committee; and $295,187 to the Qalqilia Zakat Committee. The Treasury argued that these charities were affiliated and controlled by Hamas despite functioning under the Israeli Military Administration. In addition, HLF sent $485,468 to the Islamic Science and Culture Committee from May 1991 until the committee was closed in 1996. Between 1992 and 2001 the HLF received $56 million in donations, and during 1995–2001 $12.4 million was spent outside the United States.<ref>{{Cite web|url=http://www.ca5.uscourts.gov/opinions%5Cpub%5C09/09-10560-CR0.wpd.pdf|title=Revised January 13, 2012 "The United States Court of Appeals for the Fifth Circuit" United States of America vs Mohammad El-Mezain; Ghassan Elashi; Shukri Abu Bakr; Mufid Abdulqader; Abdulrahman Odeh; Holy Land Foundation for Relief and Development, also known as HLF. " No. 09-10560, Filed December 7, 2011, pg. 10}}</ref> Repeated appeals to the courts by HLF to have the freeze lifted failed.<ref>{{cite court

|litigants=Holy Land Foundation for Relief and Development v. Ashcroft

|vol=219

|reporter=F. Supp. 2d

|opinion=57

|court=D.D.C.

|date=2002), aff'd, 333 F.3d 156 (D.C. Cir. 2003), cert. denied, 540 U.S. 1218 (2004

}}</ref>

On July 3, 2007, [[Muslim Legal Fund of America]] agreed to fund the defense of the Holy Land Foundation for Relief and Development against allegations by the government that the charity provided "material support" by providing basic necessities (i.e. food, clothing, shelter, etc.) for Palestinians under the Israeli occupation.<ref>{{Cite web|url=https://www.mlfa.org/mlfa-funds-defense-of-hlf-largest-american-muslim-charity/|title=StackPath|website=www.mlfa.org|access-date=2020-12-14|archive-date=2021-06-14|archive-url=https://web.archive.org/web/20210614083936/https://www.mlfa.org/mlfa-funds-defense-of-hlf-largest-american-muslim-charity/|url-status=dead}}</ref>

On July 27, 2004, a federal [[grand jury]] in [[Dallas, Texas]], returned a 42-count indictment against the Holy Land Foundation.<ref name="ashcroft">{{cite web

| author = Attorney General John Ashcroft

| title = Prepared Remarks re: Holy Land Foundation Indictment

| publisher = United States Department of Justice

| date = July 27, 2004

| url = http://www.justice.gov/archive/ag/speeches/2004/72704ag.htm

| access-date = November 24, 2008}}</ref> Charges included: [[conspiracy (crime)|conspiracy]], [[Providing material support for terrorism|providing material support]] to a [[U.S. State Department list of Foreign Terrorist Organizations|foreign terrorist organization]], [[tax evasion]], and [[money laundering]]. The indictment alleged that the Holy Land Foundation provided more than $12.4 million to individuals and organizations linked to Hamas from 1995 to 2001, when their assets were frozen. The indictment also named specific officers of the Holy Land Foundation: President Shukri Abu Baker; Chairman [[Ghassan Elashi]]; and Executive Director Haitham Maghawri, and four others: Mohammad el-Mezain, Akram Mishal, [[Mufid Abdulqader]], and Abdulraham Odeh. Five of the seven were arrested. Maghawri and Mishal have not been found, and are considered [[fugitive]]s.

In December 2004, a federal judge in Chicago ruled that the Holy Land Foundation (along with the [[Islamic Association of Palestine]] and the [[Quranic Literacy Institute]]) was liable in a $156 million lawsuit for aiding and abetting the militant group Hamas in the death of 17-year-old American citizen David Boim.<ref>

{{cite news

| title = Hamas victim's family get $156m

| publisher = BBC

| date = December 8, 2004

| url = http://news.bbc.co.uk/1/hi/world/middle_east/4080499.stm

| access-date = November 24, 2008}}</ref> In 2007, this decision was reversed by the 7th Circuit Court of Appeals in Chicago and sent back to the trial court.<ref>{{Cite news |date=2007-12-29 |title=U.S. court overturns $156 mln award in terror case |url=https://www.reuters.com/article/economy/us-court-overturns-156-mln-award-in-terror-case-idUSN29512171/ |access-date=2025-07-12 |work=Reuters |language=en}}</ref>

In 2008, the 7th Circuit Court of Appeals reheard the case en banc.<ref name="Rowe">{{cite web|last=Rowe|first=Laura B.|title=Ending Terrorism with Civil Remedies: Boim v. Holy Land Foundation and the Proper Framework of Liability|url=http://www.kentlaw.iit.edu/Documents/Academic%20Programs/7CR/v4-2/rowe.pdf|publisher=Seventh Circuit Review vol 4 Iss. 3 spring 2008|access-date=2013-09-21|archive-url=https://web.archive.org/web/20131017084809/http://www.kentlaw.iit.edu/Documents/Academic%20Programs/7CR/v4-2/rowe.pdf|archive-date=2013-10-17|url-status=dead}}</ref> On November 3, 2008, the 7th Circuit "upheld in large measure a $156 million award to the parents of David Boim, a 17-year-old U.S. citizen murdered by members of Hamas while visiting Israel."

"The en banc court agreed with [Washington Legal Foundation] that those who donate funds to a known terrorist group are responsible under U.S. law for the group's actions – even if the donors contend that they only intended to support the group's "humanitarian" activities."<ref>{{cite web|title=Boim v Holy Land Foundation |url=http://www.wlf.org/litigating/case_detail.asp?id=552|publisher=Washington Legal Foundation}}</ref> "The court also rejected the 7th Circuit panel's conclusion that there was not sufficient evidence to find Hamas was responsible the teenager's death."<ref>{{cite web|title=7th Circuit En Banc Upholds Damages Against Muslim Groups For Financing Hamas|date=6 December 2008|url=http://religionclause.blogspot.com/2008/12/7th-circuit-en-banc-upholds-damages.html|publisher=The Religion Clause}}</ref><ref name="Rowe" />

== The civil case ==

Following the closure of the HLF offices, Shukri Baker and Ghassan Elashi lodged a civil case to unfreeze HLF assists and reverse the designation of the HLF as a Terrorist Organization. The case was held before Judge [[Gladys Kessler]], a [[Bill Clinton]] appointment. The Executive Order was based on an "administrative record" explaining the reasons behind the decision to designate the HLF as a terrorist organization. The report claimed that the HLF was a front for Hamas.

The report contained a number of documents including one that claimed Shukri Baker was a member of Hamas. None of the statements quoted were taken under oath. The key claim was a list of 70–80 orphans who had received support from the HLF and that they were children of Hamas fighters. Baker and Elashi's lawyers analysed the list and found that only three of the fathers were involved in armed resistance. They had been killed preparing a bomb. They also noted that the list contained children of 11 men killed by Hamas for collaborating with the Israeli secret services. Another document contained a statement from a former manager of the HLF Jerusalem office which the lawyers were able to prove was a fabrication.<ref>Peled. pp. 102, 103</ref>

Before the case could proceed and be presented to a jury Judge Kessler dismissed the case and ordered that all evidence submitted be struck from the record. This decision was appealed. The [[Circuit court#Federal courts of appeals|Circuit Court of Appeals]] found that Judge Kessler had been mistaken in dismissing the case but that since this was a special case involving national security they would let the decision stand. The appellants were denied permission to appeal to the [[Supreme Court of the United States|Supreme Court]].<ref>Peled. pp. 105, 106</ref>

In 2003 the HLF's lawyers learnt that there was a criminal investigation underway. Their lawyer, John Boyd, later said they regretted filing the civil case since it led the Government to abandon the original charges which had been so effectively refuted and create a completely new case.<ref>Peled. pp. 102, 107</ref>

== 2007 trial ==

Line 169 ⟶ 139:

=== Prosecution response ===

Levitt has claimed in response that the [[United States Agency for International Development|USAID]] did not properly vet recipients.<ref name=":4">{{Cite web |title=Better Late than Never |url=https://www.washingtoninstitute.org/policy-analysis/view/better-late-than-never-keeping-usaid-funds-out-of-terrorist-hands |access-date=2019-10-03 |website=www.washingtoninstitute.org |language=en}}</ref> Until June 2006, USAID lacked important background identifier information on individuals such as date of birth and full names. According to a Government Accountability Office report, USAID lacked even a procedure to verify the accuracy of individual's names. In March 2006, the USAID mission to Tel Aviv eliminated a requirement to periodically reevaluate partners resulting in a lack of scrutiny for organizations later tied to terrorists. Finally, USAID did not vet recipients that received funds under $25,000 from 2001 to 2003 and under $100,000 post 2003 until 2006 when the threshold returned to $25,000.<ref name=":4" />

== Appeal Efforts ==

Following the closure of the HLF offices, Shukri Baker and Ghassan Elashi lodged a civil case to unfreeze HLF assists and reverse the designation of the HLF as a Terrorist Organization. The case was held before Judge [[Gladys Kessler]], a [[Bill Clinton]] appointment. The Executive Order was based on an "administrative record" explaining the reasons behind the decision to designate the HLF as a terrorist organization. The report claimed that the HLF was a front for Hamas.

The report contained a number of documents including one that claimed Shukri Baker was a member of Hamas. None of the statements quoted were taken under oath. The key claim was a list of 70–80 orphans who had received support from the HLF and that they were children of Hamas fighters. Baker and Elashi's lawyers analysed the list and found that only three of the fathers were involved in armed resistance. They had been killed preparing a bomb. They also noted that the list contained children of 11 men killed by Hamas for collaborating with the Israeli secret services. Another document contained a statement from a former manager of the HLF Jerusalem office which the lawyers were able to prove was a fabrication.<ref>Peled. pp. 102, 103</ref>

Before the case could proceed and be presented to a jury Judge Kessler dismissed the case and ordered that all evidence submitted be struck from the record. This decision was appealed. The [[Circuit court#Federal courts of appeals|Circuit Court of Appeals]] found that Judge Kessler had been mistaken in dismissing the case but that since this was a special case involving national security they would let the decision stand. The appellants were denied permission to appeal to the [[Supreme Court of the United States|Supreme Court]].<ref>Peled. pp. 105, 106</ref>

In 2003 the HLF's lawyers learnt that there was a criminal investigation underway. Their lawyer, John Boyd, later said they regretted filing the civil case since it led the Government to abandon the original charges which had been so effectively refuted and create a completely new case.<ref>Peled. pp. 102, 107</ref>

== Holy Land Five documentary ==